Amended in Assembly August 15, 2016

Amended in Assembly June 21, 2016

Amended in Senate May 31, 2016

Amended in Senate April 26, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1073

Introduced by Senator Monning

February 16, 2016

An act to amend Section 105254 of, and to add Section 105250.5 to, the Health and Safety Code, relating to public health, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1073, as amended, Monning. Lead-based paint.

Existing law requires the State Department of Public Health to implement and administer a residential lead-based paint hazard reduction program, as specified, including adopting regulations regarding accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work, as defined, and certification of employees who have successfully completed that training. Existing law requires the department to adopt regulations to establish and impose fees for those accreditations and certifications and for licensing entities engaged in lead-related occupations, as specified. Existing law requires those fees to be deposited into the Lead-Related Construction Fund, as specified. begin delete Existing law creates in the State Treasury the Childhood Lead Poisoning Prevention Fund and makes the revenue in the fund available for expenditure, upon appropriation, for particular purposes relating to childhood lead poisoning prevention. end delete

This bill would require the department to update its regulations governing lead-related construction work, including training and certification for workers and accreditation for trainers in lead-safe work practices, to comply with existing state regulations and the United States Environmental Protection Agency’s Lead Renovation, Repair, and Painting Rule, as specified. The bill would require the adoption of those regulations to include fee provisions for those certifications and accreditations. The bill would appropriate $500,000 from the begin delete Childhood Lead Poisoning Prevention Fund end delete begin insert General Fund end insert to the department for the purposes of implementation until fees can be collected under these provisions, to be repaid upon determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund to repay that amount. The bill would require the regulations adopted pursuant to these provisions to be adopted as emergency regulations, as specified.

Existing law requires certain persons engaged in lead construction work to have a certificate under these provisions. A violation of that provision is a crime.

This bill would further require begin delete persons who receive compensation for end delete begin insert firms, as defined, and at least one person onsite and employed by a firm, end insert doing renovation, repair, or painting work that will disturb lead-based paint begin insert or presumed lead-based paint, as defined, end insert to have a certificate under these provisions. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 105250.5 is added to the Health and
Safety Code, to read:

105250.5.  

(a) By July 1, 2018, the department shall review
and amend its regulations governing lead-related construction
work, including training and certification for workers and
accreditation for trainers in lead-safe work practices to comply
with Chapter 8 (commencing with Section 35001) of Division 1
of Title 17 of the California Code of Regulations adopted by the
department pursuant to Sections 105250 and 124160 and the United
States Environmental Protection Agency’s Lead Renovation,
Repair, and Painting Rule (40 C.F.R. 745).

begin delete

(b) The amended regulations adopted pursuant to subdivision
(a) shall include, but not be limited to, the following:

(1) A regulation requiring employers to maintain and provide
access to written files for each separate job or phase of work, where
the work process used is different or the work is performed at
noncontiguous locations, noting all of the following:

(A) The address of the job.

(B) The exact physical location of the job at that address.

(C) The start and projected completion date.

(D) The name of a certified supervisor with sufficient experience
and authority who is responsible for the lead-related work at that
job.

(E) The name of a qualified person, who is responsible for
scheduling any clearance testing, evaluation of sampling results,
and conducting respirator fit testing and evaluating the results of
those tests.

(F) The type of work to be performed, the work practices that
will be utilized, and the potential for exposure.

(G) Records of prerenovation education for occupants.

(2) A regulation requiring a copy of the worker and firm
certification to be provided before the start of the job to the prime
contractor or other employers on the site and to be posted on the
jobsite beside the Cal-OSHA poster.

end delete begin insert

(b) The amended regulations adopted pursuant to subdivision
(a) shall include, but not be limited to, a regulation requiring a
copy of the worker and firm certification to be provided before the
start of the job to the prime contractor or other employers on the
site and to be posted on the jobsite beside the Cal-OSHA
Lead-Work Pre-Job Notification required by Section 1532.1(p) of
Title 8 of the California Code of Regulations.

end insert

(c) Consistent with Section 105250, the department shall also
adopt regulations establishing fees for the certifications or
accreditations established pursuant to this section. The fees
imposed under this section shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations adopted under this
section. The fees established pursuant to this section shall be
deposited into the Lead-Related Construction Fund pursuant to
Section 105250.

(d) Five hundred thousand dollars ($500,000) is hereby
appropriated from the begin delete Childhood Lead Poisoning Prevention Fund end delete
begin insert General Fund end insert to the department, to be used to develop, initiate,
and administer this section until adequate fees can be collected for
the ongoing administration of this section. These funds shall be
repaid to the begin delete Childhood Lead Poisoning Prevention Fund end delete begin insert General
Fund end insert upon determination by the Department of Finance that
sufficient moneys are available in the Lead-Related Construction
Fund to repay that amount. No interest shall be paid by the
Lead-Related Construction Fund at the time of repayment.

(e) (1) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the department may implement and administer this section
through all-county letters or similar instructions from the
department until regulations are adopted. The department shall
adopt emergency regulations implementing these provisions no
later than July 1, 2017. The department may readopt any emergency
regulation authorized by this section that is the same as or
substantially equivalent to an emergency regulation previously
adopted under this section.

(2) The initial adoption of emergency regulations pursuant to
this section and one readoption of emergency regulations shall be
deemed an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
Initial emergency regulations and the one readoption of emergency
regulations authorized by this section shall be exempt from review
by the Office of Administrative Law. The initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be submitted to the Office of
Administrative Law for filing with the Secretary of State, and each
shall remain in effect for no more than 180 days, by which time
final regulations may be adopted.

SEC. 2.  

Section 105254 of the Health and Safety Code is
amended to read:

105254.  

(a) The following persons begin insert and firms end insert engaged in the
following types of lead construction work shall have a certificate:

(1) Persons who receive pay for doing lead hazard evaluations,
including, but not limited to, lead inspections, lead risk
assessments, or lead clearance inspections, in residential or public
buildings.

(2) Persons preparing or designing plans for the abatement of
lead-based paint or lead hazards from residential or public
buildings.

(3)  Persons doing any work designed to reduce or eliminate
lead hazards on a permanent basis (to last 20 years or more) from
residential or public buildings.

(4) Persons inspecting for lead or doing lead abatement activities
in a public elementary school, preschool, or day care center.

(5) Persons doing lead-related construction work in a residential
or public building that will expose a person to airborne lead at or
above the eight-hour permissible exposure limit of 50 micrograms
per cubic meter.

begin delete

(6) Persons who receive compensation for doing renovation,
repair, or painting work in a residential or public building that will
disturb lead-based paint.

end delete begin insert

(6) Firms, as defined by Section 745.83 of Title 40 of the Code
of Federal Regulations, and at least one person onsite and
employed by a firm, doing renovation, repair, or painting work in
a residential or public building that will disturb lead-based paint,
as defined in Section 35033 of Title 17 of the California Code of
Regulations, or presumed lead-based paint, as defined in Section
35043 of Title 17 of the California Code of Regulations, which
regulations were adopted by the State Department of Public Health
pursuant to Sections 105250 and 124160.

end insert

(b) Persons performing routine maintenance and repairs in
housing are not required to have a certificate if they are not
performing any of the activities listed under subdivision (a).

(c) The department may adopt regulations to modify certification
requirements for persons engaged in lead construction work based
on changes to state or federal law, or programmatic need.

(d) The department or any local enforcement agency may,
consistent with Section 17972, enter, inspect, and photograph any
premises where abatement or a lead hazard evaluation is being
conducted or has been ordered, enter the place of business of any
person who conducts abatement or lead hazard evaluations, and
inspect and copy any business record of any person who conducts
abatement or lead hazard evaluations to determine whether the
person is complying with this section.

(e)  begin delete A end delete begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2), a end insert violation of
this section shall be punishable by imprisonment for not more than
six months in the county jail, a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine.

begin insert

(2) A violation of paragraph (6) of subdivision (a) shall be
punishable by imprisonment for not more than six months in the
county jail or a fine of not more than thirty-seven thousand five
hundred dollars ($37,500), or by both that imprisonment and fine.

end insert

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.